2413.01(b) The “Sequence Listing XML” Must Be Valid According To the DTD [R-07.2022]

2413.01(b) The “Sequence Listing XML” Must Be Valid According To the DTD [R-07.2022]

[Editor Note: This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).]

37 CFR 1.833 Requirements for a “Sequence Listing XML” for nucleotide and/or amino acid sequences as part of a patent application filed on or after July 1, 2022.

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  • (b) The “Sequence Listing XML” presented in accordance with paragraph (a) of this section must further:
    • (1) Be valid according to the Document Type Definition (DTD) as presented in WIPO Standard ST.26, Annex II.
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Annex II of WIPO Standard ST.26 specifies the Document Type Definition (the document that sets out the structure and use of elements and attributes in an XML compliant document) for a ST.26 compliant “Sequence Listing XML”. By incorporating this requirement into 37 CFR 1.833(b)(1), a compliant “Sequence Listing XML” must conform to this requirement. Use of the WIPO Sequence tool will enable a user to generate a “Sequence Listing XML” that conforms to the DTD in Annex II. See MPEP § 2418.